Joint recognition of a child in a female couple

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

When 2 women have a plan for a child and wish to use a MPA: titleContent with gamete donation, they must perform joint recognition anticipated. Women may be married, in transit or in a common-law relationship. The recognition is done in front of a notary. Joint recognition after the fact is open in some cases, until August 3, 2024.

Anticipated

Joint recognition concerns female couples, whether they are married, in transit or in a common-law relationship.

The couple must have decided to commit to a projectMPA: titleContent, with donated gametes.

Early recognition is done before conception of the child.

The MPA project can be carried out in France or abroad.

Recognition must be made before a notary.

The joint recognition is done at the same time as the signing of the consent for the donation of gametes.

The process costs €75.46 HT: titleContent.

The document shall be exempt from registration fees.

Reminder

consent to the donation must be obtained by notarial act. The notary informs the couple of the consequences of this consent on the filiation of the child.

Joint recognition shall be given to the registrar when the child is declared born by one of the following persons:

  • Mother who gave birth
  • 2e mother
  • Person responsible for declaring the birth

The registrar checks the mothers' identities. He checks that the joint recognition has been established by a notary.

Please note

the registrar does not have to verify that the joint recognition was made before the child was conceived. He cannot ask for proof of theMPA: titleContent with donated gametes.

Joint recognition is indicated in the child's birth certificate.

The authentic copy joint recognition shall be retained by the civil registration authorities.

If the joint recognition is not given at the time of the birth declaration, it may be given later by one of the following persons:

  • Legal representative of the minor child
  • Adult child
  • Any person with an interest in acting

In this case, recognition will be indicated in the margin of the child's birth certificate, after the intervention of the public prosecutor.

Répondez aux questions successives et les réponses s’afficheront automatiquement

For the mother who gave birth

Recognition does not change his situation.

For the 2nd mother

She is recognized as the mother of the child, with equal rights and obligations with the mother who gave birth.

The child enters the family of his 2e mother.

For the gamete donor

His situation is not changed by recognition.

No parent-child relationship can be established between the gamete donor (called third-party donor by law) and the child ofMPA: titleContent.

Répondez aux questions successives et les réponses s’afficheront automatiquement

One of the women opposes the surrender of joint recognition to the registrar

The woman who, after consenting to theMPA: titleContentshall oppose the surrender of the joint recognition to the registrar may be prosecuted.

Who shall I contact

The joint recognition was not given to the registrar

If the joint recognition has not been communicated to the registrar, it is possible to ask the public prosecutor to do so.

The application may be made by one of the following persons:

  • Adult child
  • Representative of the minor child
  • Anyone who has an interest in acting
Who shall I contact

A posteriori

Joint ex post recognition concerns female couples, whether they are married, in transit or in a common-law relationship.

Recognition remains possible if the couple is separated, but the agreement of the 2 women is necessary.

Retrospective recognition is done after the child is conceived.

The child must be born (or to be born) of MPA: titleContent carried out under the following 3 conditions:

  • Abroad
  • Gamete donation
  • Before August 3, 2021

FYI  

you must provide proof of ART, such as a medical record or the act of consent to the donation of gametes.

Recognition is possible regardless of the child's age.

It is open if filiation is established only for the mother who has given birth.

Retrospective recognition must be carried out before august 4, 2024.

Please note

after this period, only one adoption procedure under strict conditions, establish the relationship of filiation between the child and the woman who has not given birth.

Joint recognition must be made before a notary.

The rate is set at €75.46 HT: titleContent.

The document shall be exempt from registration fees.

On request of the notary, the couple must provide a full copy of the child's birth certificate less than 3 months old, if the child is born.

The notary checks that the child has no established filiation with a person other than the mother who has given birth.

It informs the couple of the consequences of the recognition.

Then it establishes a authentic instrument.

Joint recognition must be controlled by the public prosecutor.

The 2 women (or one of them) must submit a request for the joint recognition.

The request may also be made to the registrar.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Direct request to the public prosecutor

The 2 women (or one of them) can address their request directly to the public prosecutor

Competent authority lies with the prosecutor of the place where the child's birth certificate is kept.

Who shall I contact

The application may be made by one of the following means:

  • Direct surrender to the Public Prosecutor
  • Postal delivery (a single letter is sufficient, but a registered mail with notice of receipt is recommended)

Ask the registrar

The 2 women (or one of them) can send their request to the registrar who has established the birth certificate of the child.

He forwards the request to the public prosecutor.

The Public Prosecutor shall verify the following:

  • MPA conducted abroad before August 3, 2021
  • Parentage of the child established only with the mother who has given birth

Please note

MPAs made in France and surrogacy agreements are excluded from joint ex post recognition.

The supporting documents to be provided are as follows:

  • Notarial joint recognition certificate
  • Full copy of the child's birth certificate
  • Proof of the joint parental project leading to the realization of an MPA abroad

Proof can be provided by any means. However, statements or attestations by members of the couple are not sufficient.

Warning  

foreign language documents must be translated (by a sworn translator). Legalization or Apostille is necessary in some cases.

The public prosecutor decides whether the conditions are met.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The prosecutor accepts the request

Joint recognition shall be entered in the margin of the child's birth certificate. Registration is requested by the public prosecutor.

An authentic copy of the joint recognition shall be kept by the Civil Registry.

The prosecutor is refusing the request

The prosecutor must explain the reason for his decision.

He informs the couple by registered letter with notice of receipt.

The decision may be challenged by subpoena before the court where the prosecutor is practicing (compulsory lawyer).

Who shall I contact

Répondez aux questions successives et les réponses s’afficheront automatiquement

For the mother who gave birth

Recognition does not change his situation.

For the 2nd mother

She is recognized as the mother of the child, with equal rights and obligations with the mother who gave birth.

The child enters the family of his 2e mother.

For the gamete donor

His situation is not changed by recognition.

No parent-child relationship can be established between the gamete donor (called third-party donor by law) and the child ofMPA: titleContent.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    Request a call

  • Notary
  • Town Hall